Case Note & Summary
The appellant, Abhijit Patil, was convicted by the Sessions Judge at Margao in Sessions Case No. 32/2010/I for the murder of Miss Mushrufia Shaikh alias Muskan under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with a fine of Rs.10,000/-. The incident occurred on 13/6/2010 at about 16.25 hours opposite Keni Petrol Pump near old bus stand at Margao, where the appellant stabbed the deceased multiple times with a knife. The prosecution case was based on the complaint of Noorudin Shaikh (PW.2), and the investigation was conducted by PSI Santosh Desai (PW.15). The post-mortem examination by Dr. Swetlana Gomes (PW.8) revealed 18 stab injuries on the deceased. The appellant challenged the conviction in this appeal. The High Court of Bombay at Goa, after hearing the parties, dismissed the appeal and upheld the conviction and sentence, finding the evidence of eyewitnesses credible and the medical evidence consistent with the prosecution case.
Headnote
A) Criminal Law - Murder - Section 302 IPC - Conviction based on eyewitness testimony and medical evidence - The appellant was convicted for murdering the deceased by stabbing her 18 times with a knife. The court upheld the conviction, relying on the testimony of eyewitnesses who saw the incident and the medical evidence confirming multiple stab injuries. Held that the prosecution proved its case beyond reasonable doubt (Paras 2-10).
Issue of Consideration
Whether the conviction of the appellant under Section 302 of the Indian Penal Code, 1860 (IPC) for the murder of Miss Mushrufia Shaikh alias Muskan is sustainable based on the evidence on record.
Final Decision
The appeal is dismissed. The conviction and sentence passed by the learned Sessions Judge at Margao in Sessions Case No. 32/2010/I are upheld.
Law Points
- Murder
- Section 302 IPC
- Life Sentence
- Eyewitness Testimony
- Medical Evidence
- Stab Injuries
- Credibility of Witnesses
Case Details
Criminal Appeal No. 48 of 2013
C. V. Bhadang, Prithviraj K. Chavan
Shri S. G. Desai, Senior Advocate with Advocates Shri Pavithran A.V. and Shri S. Keny for the Petitioner; Shri S. R. Rivankar, Public Prosecutor for the Respondent/State
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Nature of Litigation
Criminal appeal against conviction for murder under Section 302 IPC.
Remedy Sought
The appellant sought to set aside the conviction and sentence imposed by the Sessions Court.
Filing Reason
The appellant was convicted for the murder of Miss Mushrufia Shaikh alias Muskan by stabbing her 18 times with a knife.
Previous Decisions
The Sessions Judge at Margao in Sessions Case No. 32/2010/I convicted the appellant under Section 302 IPC and sentenced him to life imprisonment with a fine of Rs.10,000/-.
Issues
Whether the conviction under Section 302 IPC is sustainable based on the evidence on record.
Submissions/Arguments
The appellant argued that the evidence was insufficient to prove guilt beyond reasonable doubt. The respondent/State argued that the eyewitness testimony and medical evidence clearly established the appellant's guilt.
Ratio Decidendi
The conviction under Section 302 IPC is sustainable when the prosecution proves its case beyond reasonable doubt through credible eyewitness testimony and medical evidence confirming multiple stab injuries.
Judgment Excerpts
By this appeal, the appellant is challenging the judgment dated 29/4/2013 passed by the learned Sessions Judge at Margao in Sessions Case No. 32/2010/I.
The prosecution case may be briefly stated thus:- That the deceased, Miss Mushrufia Shaikh alias Muskan and the appellant were both working as receptionists in a Hotel by name Nanutel at Margao.
On the basis of a complaint lodged by one Noorudin Shaikh (PW.2) an offence under Section 302 of I.P.C, was registered against the appellant.
Procedural History
The appellant was convicted by the Sessions Judge at Margao in Sessions Case No. 32/2010/I on 29/4/2013 for murder under Section 302 IPC and sentenced to life imprisonment. The appellant filed Criminal Appeal No. 48 of 2013 before the High Court of Bombay at Goa challenging the conviction and sentence. The High Court heard the appeal and dismissed it on 7/7/2017.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 302
